of Rules and Regulations for Facilitation of International Railway - PowerPoint PPT Presentation

Regional Meeting on Harmonization of Rules and Regulations for Facilitation of International Railway Transport UNESCAP, Astana, 20-21 December 2017 Dr Erik Evtimov, Deputy Secretary General to the CIT

CIT Documentation and Procedures for International Railway Transport  130 railway undertakings and maritime companies as full members  6 associated members  Association under Swiss law with legal personality Objectives: 1. Implementation of the COTIF and European law that has an impact upon transport law 2. Standardisation of the contractual relationship between carriers and between carriers and their customers for passenger and freight traffic 3. Representation of its members ’ interests with the authorities and other organisations 2

New global market developments for the transport sector ➢ In 2016 the rate of growth in demand exceeded rate of growth of supply ➢ Current conditions are leading to a stronger pricing environment since 2010 ➢ Better capacity utilization of infrastructure is positive for rail freight delivery ➢ The global model split between the transport modes are as follows: ▪ Sea 94% ▪ Air 4% ▪ Rail 1% ➢ E-commerce will account for an increasing share of retail sales ➢ Clearly this is the “mega - trend” also for rail freight delivery 3

New developments of E-commerce in China 4

Global trade thanks to the e-commerce: Air versus Rail 5

China one belt one road project also supportive for rail freight 6

Challenges for the railways on the land bridge between Asia and Europe Length of the Route: 10’214 km Transit countries: 4 (Kazakhstan, Russia Belarus and Poland) Custom zones: 3 (China, RBK, EU) Duration: 12 days (30 days faster than sea) Costs: 80% cheaper than by air 489 USD cheaper than by road Trade China-EU: ➢ China – 2 nd trade partner for EU; ➢ EU – 1 st trade partner for China; ➢ Volume: 1 bln USD/day (goods and services) 7

Legal and administrative hurdles for Asia – Europe rail freight: SMGS/SMPS EU legislation Eurasian Uniform Railway Law COTIF-CIM National legislation 8

Scope of application – map CIM/CMR/SMGS CIM ONLY * CIM+CMR CIM-Application only on part of the railway infrastructure (specific lines) CMR ONLY SMGS+CMR ** CIM applicability is suspended CIM+CMR+SMGS No membership Situation on 1 December 2017 SMGS ONLY Note: No state where only CIM and SMGS together are applicable

Accession of China to the GLV- CIM/SMGS China’s border points with Russian Federation, Kazakhstan, Mongolia are open for import and export traffic using CIM/SMGS Consignment Note from 1 May 2017

CIT Solutions: Common consignment note CIM/SMGS: a common project of the CIT and OSJD Implements both contracts of carriage Recognised as a customs and bank document Does not undermine the CIM/SMGS liability conditions The “sum” of the CIM and SMGS consignment notes Based on: - Article 6 § 8 CIM + Article 13 and Annex 6 SMGS - Layout based on the United Nations Layout - Key for trade documents 11

GLV-CIM/SMGS - Content A. General provisions B. Common Provisions for paper and electronic consignment notes C. Paper consignment note D. Electronic consignment note E. Final provisions Appendices 1 List of members applying the manual 2 Explanatory notes on the content of the CIM/SMGS consignment note 3 List of reconsignment points 4 List of the addresses of departments to which applications for authorisation are to be sent 5 Specimen of the CIM/SMGS consignment note 6 Packaging requirements 7 CIM/SMGS wagon/container list 8 CIM/SMGS formal report 9 List of addresses of the departments competent for the handling of claims 12

Electronic Consignment Note CIM/SMGS Functional specifications: updated based on the revision of SMGS (1 January 2016) Legal specifications: updated in 2016 Technical specifications: finalized on expert level October 2017 Coming into force: 1 of January 2019 13

Common CIM/SMGS consignment note: Practical Use ➢ for east west rail freight traffic ➢ on the Eurasian land bridge ➢ 85% Container transportation ➢ 18% Single wagon load ➢ .30 Min pro Wagon ➢ further facilitations (wagon and container list, formal report and formal procedure, etc.) ➢ further legal harmonisation 14

Solutions to increase railway competitiveness: GTC Eurasia as instrument on contractual level General Terms and Conditions for EurAsia Rail Transport Contracts of the CIT (GTC EurAsia) ➢ Point 3 - of the UNECE Political Declaration ➢ Framework contract - for participating railways (on different corridors) ➢ Applicable law - mandatory provisions of the national law shall apply ➢ Precondition – opting-in through the participating railways (for example DB, PKP Cargo, BC, RZD and CCTT or GETO) ➢ Legal basis - international private law (IPR) 15

Practical use of the CIM/SMGS Consignment note Central Asia: Accession Tajikistan, Turkmenistan Accession of Uzbekistan, China to the Afghanistan GLV-CIM/SMGS Increased use 1 May 2017 CIM/SMGS in 2016: MoU CIT - RZD by 41% and OSJD - UZ by 12% to promote CIM/SMGS 16

CIT GTC Rail-Sea traffic – a new CIT document ➢ Validity : introduced on 1 January 2015 ( opting-in ) ➢ Model of successive carriers: maritime carriers can appear as successive carriers within multimodal carriage ➢ Application of the CIM consignment note for multimodal carriage ➢ Structure: I. General conditions of carriage for multimodal rail-sea traffic II. Appendix 1: CIM list of maritime and inland waterway services III.Appendix 2: Provisions for carriage of dangerous goods Cooperation between various types of transport carriers is indispensable for common success 17

CIT Boilerplate contract for Rail-Sea traffic - a new CIT document ➢ Validity : introduced on 1 July 2016 ( opting-in ) ➢ Model of successive carriers: maritime carriers can appear as successive carriers ➢ Structure: • Objective of the contract • Obligations • Procedures related to carriage • Compensation • Applicable law, jurisdiction, other general provisions Appendix 1 : Description and planning Appendix 2 : GTC Rail-Sea Traffic Appendix 3 : Payment Appendix 4 : Compensation 18

CIT/IRU Guideline comparing the legal regimes CMR - COTIF/CIM - SMGS Content: • An introduction • A synthesis of the key principles • A map with the scope of application of all three Conventions • A matrix in which the most important topics are examined in detail  Published in a brochure in 2017 19

Next steps in 2017 for Rail – Road traffic Drafting a Checklist for road-rail combined traffic ➢ The Multimodality Committee mandated the GS CIT to develop a Checklist for road-rail combined traffic based on practical case examples from CIT and IRU members. ➢ Main components in the form of model clauses: a) Standard provisions for truck to rail transhipment operations b) Standard provisions for loading transport units onto a rolling road c) Standard clauses for road-rail network liability in the case of transhipment and loading operations. ➢ The provisions will be examined in depth by the CIT members and discussed with the IRU 20

Summary: point of success for the Asia – Europe rail freight  Good Quality of infrastructure  Technical interoperability (vehicle authorisation and safety certification)  Level playing field with other transport modes  Competitive and transparent charges for use of infrastructure  Less administrative burdens: New regulatory requirements when customers benefit  Stable and fair legal framework 21

Dr. Erik Evtimov Deputy Secretary General to the CIT Phone: +41 79 746 58 44 E-mail : erik.evtimov@cit-rail.org www.cit-rail.org 22